Opinion
1:09-CV-01004-OWW-GSA
09-08-2011
UNITED STATES OF AMERICA,Plaintiff, v. 11880 EAST HARVARD AVENUE, SANGER, CALIFORNIA, FRESNO COUNTY, APN: 309-352-02, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, APPROXIMATELY $2,770.00 IN U.S. CURRENCY, and 2005 CHEVROLET TRUCK, VIN: 2GCEC19T051249989, LICENSE: 7U34478, Defendants.
BENJAMIN B. WAGNER United States Attorney ALYSON A. BERG Assistant United States Attorney MICHAEL VANLOCHEM Attorney for Claimant GMAC, Inc. (original signature retained by attorney)
BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
Attorneys for United States of America
STIPULATION AND ORDER TO WITHDRAW THE CLAIM AND
ANSWER OF GMAC, INC., WITH DEFAULT JUDGMENT
It is hereby stipulated by and between the United States and Claimant GMAC, Inc. as follows:
1. Claimant GMAC, Inc. hereby irrevocably withdraws and releases with prejudice the verified claim and answer it filed in this civil forfeiture action, and consents to entry of default and default judgment against any interest it may hold in the defendant vehicle named as a defendant.
2. Nothing in this Stipulation shall be construed as an admission of liability, fault, or wrongdoing by any party.
3. Each party shall bear his or its own costs and attorneys fees.
4. The parties and their undersigned attorneys agree to execute and deliver such other and further documents as may be required to carry out the terms of this Stipulation.
5. Each person signing this Stipulation warrants and represents that he or it possesses full authority to bind the party on whose behalf he or it is signing to the terms of the Stipulation.
6. Each party warrants and represents that no promises, inducements, or other agreements not expressly contained herein have been made; that this Stipulation contains the entire agreement between the parties; and that the terms of this Stipulation are contractual and not mere recitals. All prior oral understandings, agreements, and writings are superseded by this Stipulation and are of no force or effect.
7. Each party represents that he or it understands the content of this Stipulation and enters it voluntarily, and has not been influenced by any person acting on behalf of any other party.
BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
MICHAEL VANLOCHEM
Attorney for Claimant GMAC, Inc.
(original signature retained by attorney)
ORDER
IT IS HEREBY ORDERED that the claim and answer of GMAC, Inc. are withdrawn with prejudice, and that a default judgment may be entered against it. IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE